TNAG-2192-FCO40-3129-Hong-Kong-nationality-package-1990 — Page 205

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1 1MAY 1990

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Action Taken

Martin Lewis Esq JP

Deputy Secretary (Environment)

Government Secretariat

Murray Building, 12/F

Garden Road

Hong Kong

Dear Mr. Lewis,

RIGHT OF ABODE IN THE UNITED KINGDOM

Your referenc.

Our reference

Date

7 March 1990

Roy Harrington has asked me to write to you about the immigration and nationality position of your wife if, in the event of your death, she wished to settle in the United Kingdom with your two children, who are British citizens.

The Government's intention, as you know, is to introduce legislation to provide for the grant of British citizenship to a limited number of key people and their dependants in both the public and private sectors in Hong Kong. Ministers decided not to include as part of this package an amendment to the British Nationality Act 1981 to allow time spent in Hong Kong to count towards the 3 years United Kingdom resident requirement for the spouses of British citizens who wish to acquire British citizenship. The basis of the British Nationality Act, as Roy Harrington no doubt explained, is that citizenship should involve a period of residence in this country. The 1981 Act does of course provide that the residence requirements could be waived in relation to the spouses of British citizens in certain specified circumstances but for the most part it is expected that the wives of expatriate British citizens will achieve settlement and, eventually, citizenship on the basis of UK residence if in due course they accompany their spouses to the UK.

Ministers have acknowledged, however, the concern which has been expressed about the position of British citizens' spouses in the special circumstances of Hong Kong, and in particular the position of a woman who is widowed before she accompanies her husband to the UK. They have agreed to consider whether any further arrangements are necessary under immigration provisions to protect the position of British citizens' spouses.

As you will understand, I cannot be more specific than this for the time being. Ministers hope to announce their conclusions on this issue within the next month or two, and I will write to you again as soon as they have done so.

S 367

Yours sincerely,

Colin R. Milles

CR MILLER